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quesMy husband has physical relationship with my cousin. What can i do?

Iam married from past 11 years having 2 daughters now I came to know that my husband was physical with someone that too she is my cousin , I don't understand what to do he says I won't do this again iam changed give me a chance I would be loyal to u but I don't know why my Herat doest agrees , Iam not taking any action because of my daughter s iam worried about their life please help me what I can do . I can't even share this with anyone because if my cousin family will knew about all these that she was physical with my husband her life will also be disturbed because she is also married.

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    • ans

      If a married man indulge in sex with an unmarried woman he will not be liable for adultery under this provision but he will be liable for the act of adultery in civil sense & on the basis of this his wife can seek divorce from him in the family court but cannot get him punished under section 497 of IPC as provided above. In case she wants to get him punished for this act then it will have to be brought under section 498A I.P.C. according which he can be held liable for committing mental cruelty towards his wife for which she has to prove that because of this act of his she suffered mental harassment amounting to cruelty.

      In light of above, if you want to take criminal action then you can file a police complaint under Section 498a wherein you will have to specify the above mentioned facts.

      Further, you have to ways to go for divorce , either  file divorce petition under Section 13(1) on the ground of cruelty and aduleterous relation or file a Mutual consent divorce on the mutual terms and condition. The former divorce petition will be longer and time consuming, however in later divorce petition the process is faster.

      Furthermore, if your daugthers are minor then you can also file Section 125 Crpc thereby seeking maintenance and expenses of school fees for both the daugthers

       

    • ansThank you for your query
      Really sorry to hear what has happened
      firstly you must get a letter written from your husband in his handwriting admitting his having relations with your cousin and that he will not repeat it again and asking you to forgive him
      The same shall be signed and dated
      Tell him it is for yourself that you need it
      So like this You will have a proof of his wrongdoing
      Secondly as you have daughters you have to take a stand either to stay married or to take a divorce
      If you can stay married and can still trust your husband he must be anyways taking care of his family

      If you take a divorce for which you have a good ground you will get maintenance and alimony which will be fixed by court but yes you will have to disclose with whom your husband is involved with else you won't get the relief
      You have to think what is best for yourself and your daughters only !!

      Advocate Amitesh Singh Bakshi

        Delhi High Court, Delhi

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